The following words and phrases when used in this chapter shall have the meaning here described.

(a)

"Easement" means a grant by property owner(s) to another party or parties for a specific use of a described portion of property.

(b)

"Improvements" means street pavements, with or without curbs and/or gutters, sidewalks, water mains, sanitary and storm sewers, stormwater management facilities, erosion and sedimentation measures, grading and shaping, street lights, landscaping, screening and buffering and other related matters normally associated with the development of land into development sites.

(c)

"Lot" means a division of land and described on a recorded subdivision plat or recorded deed by metes and bounds description.

(d)

"Minor commercial subdivision" means a commercially zoned parcel, with an approved Final Development Plan or equivalent plan, with public road frontage, which does not involve the opening, widening or extension of a public street and does not involve more than five (5) lots after the original tract has been completely subdivided.

(e)

"Plat" means a map of a subdivision described by accurate distances and bearings.

(f)

"Right-of-way" means the width between property lines of a street, roadway, easement.

(g)

"Subdivision" means the division of any parcel of land into more than five (5) parcels, sites, or lots, any one (1) of which is less than five (5) acres for the purpose, whether immediate or future, of residential, commercial or industrial uses. This definition does not include:

• The sale, exchange or boundary adjustment of existing properties where such action does not create additional building sites; and

• The division or partition of land into parcels, sites, or lots more than five (5) where such action does not involve new, the extension of public streets; and

• The division or allocation of land as open spaces for common use by owners; or the division or allocation of land for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

• Minor commercial and residential subdivisions.

(h)

"Subdivider" means an individual or entity which causes land to be subdivided for themselves or others.

(i)"Minor

residential subdivision" means the division of any parcel of land into five (5) or fewer parcels, sites, or lots, any one (1) of which is less than five (5) acres for the purpose, whether immediate or future, of residential use and does not involve the creation or extension of a public street.

(Ord. 77-91. Passed 10-15-91; Ord. 08-2007. Passed 2-20-07; Ord. 31-2007. Passed 8-21-07; Ord. O-20-2024. Passed 7-2-24.)

The subdivider or developer of land shall provide and pay the entire cost of improvements to such land as follows:

(a)

Street improvements shall consist of grading the right-of-way for full width; construction of curbs or curbed gutters and pavement; construction of draining structures and appurtenances. Two (2) roof drain openings shall be provided in curb for each lot, or shall be machine cored by the builder.

(b)

Sanitary sewers, including mains, manholes, services and all appurtenances.

(c)

Water distribution system, including mains, services, valves, fire hydrants and all appurtenances.

(d)

Concrete sidewalks on both sides of street, except where Leisure Trails are required in accordance with the Village's Strategic Plan or as recommended by the Parks and Trails Advisory Board. Sidewalks shall be linked to external trails or sidewalks. Where special circumstances exist for sidewalk construction a fee in-lieu may be considered according to the procedure in Section 1187.18.

(e)

Leisure Trails in accordance with the Village's Strategic Plan or as recommended by the Parks and Trails Advisory Board. Trails shall be linked to external trails or sidewalks. Where special circumstances exist for trail construction a fee in-lieu may be considered according to the procedure in Section 1187.18.

(f)

Storm sewers, including manholes, inlets or catch basins, and all appurtenances, stormwater management features and facilities.

(g)

Landscaping, screening and buffering features, if required by these regulations or the Zoning Code.

(h)

Street lighting above public right-of-way which meets minimum illumination specifications approved by the Municipal Engineer. Light standards shall be approved by the Municipality.

(i)

Erosion and sedimentation control measures and practices.

All phases of the improvement shall be approved by the Municipal Engineer and shall be constructed in accordance with Municipal specifications and standards as approved by the Municipal Engineer.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07; Ord. O-20-2024. Passed 7-2-24.)

(a)

Preliminary Plat. A preliminary plat may be submitted to the Planning Commission for review, subject to the regulations of this chapter. Approval of a preliminary plat application shall not be required prior to the approval of a final plat application.

(b)

Preliminary Plat Contents. The subdivider shall submit an application to the City Manager's designee a minimum of thirty (30) days prior to the meeting of the Planning Commission which the subdivider desires their application to be heard. If the City Manager's designee finds that the application is not complete and does not meet requirements of this section, they shall notify the applicant in writing of the deficiencies. The applicant may make the necessary additions and/or revisions. No hearing shall be held or action of approval taken by the Planning Commission until a complete application meeting all requirements of this section has been filed with and accepted by the City Manager's designee.

The preliminary plat shall contain the following:

(1)

Scale - Minimum of one (1) inch equals one hundred (100) feet.

(2)

The proposed name of the subdivision.

(3)

Key map showing location within the Municipality.

(4)

Names and addresses of owners, developers and the surveyor who developed the plat.

(5)

Date of submission.

(6)

North point.

(7)

Signature block for applicant and applicant's engineer and surveyor. The following existing conditions shall be shown:

(8)

Boundary lines and approximate acreage included.

(9)

Locations, widths and names of all existing or prior platted streets or alleys, railroad and utility rights-of-way, parks and public open spaces, community ownership association, permanent buildings and structures, all section and corporation lines within or adjacent to the tract.

(10)

Existing sewers, water mains, culverts and other underground facilities within the tract, indicating pipe size, elevations and grades (if readily available) and locations (if known or available).

(11)

Existing easements on subject acreage and easements within fifty (50) feet on adjacent subdivided plat. Proposed developer utility and proposed public utility easements are not expected to be shown.

(12)

Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land with deed book and page number or official record volume.

(13)

Boundary lines of adjacent tracts of unsubdivided and subdivided land, within one hundred (100) feet of boundary line.

(14)

Existing zoning or deed restrictions (if known) for subject and surrounding acreage.

(15)

Existing contours, with intervals of five (5) feet where the slope is greater than ten percent (10%) and two (2) feet where the slope is less than ten percent (10%).

(16)

Drainage channels, wooded areas, water courses and other significant physical features.

(17)

All elevations shall be based on sea level datum as determined by the U.S. Coast and Geodetic survey or the U.S. Geological Survey.

(18)

FEMA floodplain areas.

The following proposed conditions shall be shown:

(19)

Layout of streets and right-of-way widths.

(20)

Layout, numbers and dimensions of lots. Lots shall be numbered sequentially for each plat from one (1), or continue from the last number used on previous section in multiple phase developments.

(21)

Parcels of land intended to be dedicated or temporarily reserved for public use, and proposed method of maintenance and control of same.

(22)

Building setback lines shown graphically with dimensions or standards indicated in current Zoning Ordinance.

(23)

Names of new streets shall not duplicate names of any existing dedicated streets within the northeastern quadrant of Franklin County and/or its incorporated areas.

(24)

New streets, which are extensions of or in alignment with existing streets, shall bear the names of the existing streets of which they are extensions, or with which they are in alignment.

(25)

All new streets shall be named and shall be subject to the approval of the Planning Commission.

In addition to the aforementioned requirements, the developer shall submit a written statement which shall include:

(26)

The impact, if any, of the proposed development on area drainage and other lands at lower elevations in the vicinity.

(27)

Potential impact of this development on area traffic loads and fire protection capability.

(28)

Potential impact of this development on the local school district(s).

(29)

Verification that an application, if required, has been submitted to the Ohio Environmental Protection Agency in compliance with Section 401 of the Clean Water Act in which anyone who wishes to discharge dredged or fill material into waters of the United States must obtain a Water Quality Certification Permit from the Ohio Environmental Protection Agency. In the case of an isolated wetland, either a general state or individual state isolated wetland permit must be obtained from the Ohio Environmental Protection Agency (Sections 6111.021—6111.024 of House Bill 231).

(30)

Verification that an application, if required, has been submitted to the U.S. Army Corps of Engineers in compliance with Section 404 of the Clean Water Act in which anyone who wishes to discharge dredged or fill material into waters of the United States must obtain either a nationwide or individual permit from the U.S. Army Corps of Engineers.

(c)

Approval of Preliminary Plat.

(1)

The Planning Commission review of a preliminary plat application shall be based on the requirements of this chapter.

(2)

After action by the Planning Commission on an application for preliminary plat approval, the City Manager's designee shall record the action taken. Copies of action taken shall be forwarded to the applicant.

(3)

No construction work on the proposed subdivision, including grading, shall be commenced until approval is received of a final plat. The subdivider shall not transfer any lot, parcel or tract therefrom before the final plat has been recorded.

(Ord. O-20-2024. Passed 7-2-24.)

Editor's note— Ord. O-20-2024, passed July 2, 2024, repealed the former § 1187.03, which pertained to application plan and derived from Ord. 77-91, passed Oct. 15, 1991; and Ord. 31-2007, passed Aug. 21, 2007.

(a)

Final Plat. A final plat shall be submitted to the Planning Commission for review of subdivisions as defined in C.O. 1187.01(g).

(b)

Final Plat Contents. The subdivider shall submit an application to the City Manager's designee a minimum of thirty (30) days prior to the meeting of the Planning Commission which the subdivider desires their application to be heard. If the City Manager's designee finds that the application is not complete and does not meet requirements of this section, they shall notify the applicant in writing of the deficiencies. The applicant may make the necessary additions and/or revisions. No hearing shall be held or action of approval taken by the Planning Commission until a complete application meeting all requirements of this section has been filed with and accepted by the City Manager's designee.

The final plat shall contain the following:

(1)

Boundary of plat, based on an accurate distances and bearings.

(2)

Where the subdivision does not abut to an existing subdivision, the true angle and distance to the nearest street intersection, accurately described on the plat.

(3)

Municipal, Township, County or Section lines accurately tied to the lines of the subdivision by distances and angles.

(4)

Radii, arcs and chords, points of curvature and tangency. Central angles for all curvilinear streets and radius for all rounded corners.

(5)

All lot numbers and lines with accurate dimensions in decimals of a foot and bearings in degrees, minutes and seconds.

(6)

One-inch iron pins, thirty (30) inches long, with plastic caps identifying the surveyor shall be placed at such locations that the subdivisions can be readily resurveyed. As a minimum, all extreme corners shall be monumented.

(7)

Accurate location, width of right-of-way and name of all streets or other public ways.

(8)

All proposed developer easements, such as water, sanitary and storm sewers shall be shown. All proposed public utility easements shall be shown if they are available.

(9)

Minimum building setback lines along all streets and other public ways.

(10)

Accurate outlines and delineation of all drainage easements, one hundred-year floodway routing, flood hazard areas and other watercourses contained within or contiguous to the plat boundaries.

(11)

Accurate outlines of any areas to be dedicated or reserved for public use, with purposes indicated thereon, and of any areas to be reserved by deed covenant, for the common use of all property owners.

(12)

Other information deemed necessary by the Municipal Engineer or the Planning Commission in order to fully describe any special conditions or circumstances affecting the proposed plat.

(13)

If more than one (1) sheet is required for the plat, an index map, at a smaller scale, showing all of the lots on one (1) contiguous drawing shall be shown on the first sheet.

The final plat submittal shall also contain:

(14)

A certification by a registered surveyor that the plat represents a survey made by him and that the monuments shown exist as located, or will be set one (1) foot below proposed grade prior to beginning of construction, and that all dimensional and geodetic details are correct. The plat shall be prepared in accordance with the minimum plat requirements as established by the Franklin County Engineer's Office.

(15)

A notarized certification by the owner/owners of the adoption of the plat and the dedication by them to public use of the streets and other public areas shown on the plat. No property should extend to center of rights-of-way.

(16)

Proper form for the approval of the Planning Commission, with space for signature of the Chairperson.

(17)

Space for approval by signature of the Mayor, Municipal Engineer, Council representative to Planning Commission and Finance Director. The signature of the Engineer shall be withheld until all easements are shown.

(18)

Proper form for approval and acceptance by the Council, showing resolution number.

(19)

Within ten (10) working days after the review comments have been transmitted to the developer, and the tracing (final plat drawing) has been revised to reflect the review comments, it shall be submitted to the Municipal Engineer for the permanent filing.

Any additions or changes to the plat shall be made in the Engineer's office unless otherwise authorized by the Engineer.

(20)

Space for transfer by the County Auditor and recording by the County Recorder. A statement as to the expiration date of the municipal approval shall be placed just ahead of the space provided for the County Auditor's signature.

(21)

Application fees specified by separate ordinance.

(22)

Copies of any and all proposed deed covenants, deeds of right-of-way and deeds of easement.

In addition to the aforementioned requirements, the developer shall submit a written statement which shall include:

(23)

Evidence that the Ohio Environmental Protection Agency has considered the applicant's application and granted such permit or determined that such permit is not applicable. If a permit was granted, four (4) copies shall be supplied by the owner to the Village Administrator's designee for distribution.

(24)

Evidence that the U.S. Army Corps of Engineers has considered the applicant's application and granted such permit or determined that such permit is not applicable. If a permit was granted, four (4) copies shall be supplied by the owner to the Village Administrator's designee for distribution. After the tracing (final plat drawing) has been revised to reflect the review comments, eight (8) copies showing all approvals, shall be supplied by the owner to the Finance Director for distribution.

(c)

Approval of Final Plat.

(1)

The Planning Commission review of a final plat application shall be based on the requirements of this chapter and provide a recommended action to City Council, who shall take final action on such application.

(2)

After action by City Council on an application for final plat approval, the action shall be documented by the Clerk of Council. The final plat may be recorded with the County Recorder's office provided compliance is made with other provisions of this chapter, only after full approval by the City Engineer. The City Manager may only add or revise easements after City Council has approved a final plat.

(3)

The approval of a final plat shall be effective for a period of twelve (12) months, or for such other time as approved by City Council.

(4)

The subdivider shall not transfer any lot, parcel or tract therefrom before the final plat has been recorded. No construction work on the proposed subdivision, including grading, shall be commenced until approval is received of a final plat and an engineering permit has been approved, in accordance with C.O. 909.

(Ord. O-20-2024. Passed 7-2-24.)

Editor's note— Ord. O-20-2024, passed July 2, 2024, repealed the former § 1187.04, which pertained to preliminary plat and derived from Ord. 28-2004, passed June 15, 2004; and Ord. 31-2007, passed Aug. 21, 2007.

Editor's note— Ord. O-20-2024, passed July 2, 2024, repealed the former § 1187.05, which pertained to approval of preliminary plat and derived from Ord. 77-91, passed Oct. 15, 1991; and Ord. 31-2007, passed Aug. 21, 2007.

Editor's note— Ord. O-20-2024, passed July 2, 2024, repealed the former § 1187.06, which pertained to final plat and derived from Ord. 28-2004, passed June 15, 2004; and Ord. 31-2007, passed Aug. 21, 2007.

(a)

The subdivider or developer shall, prior to construction, deposit with the Finance Director a sum of money as prescribed by Chapter 909 to defray the cost of inspection and the engineering services provided and any expense incurred by the Municipality due to the installation of the improvements and review of the plat and plans. The subdivider and developer shall hold the Municipality free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his/her own cost and expense, each and every suit or action brought against said Municipality by reason thereof, until the improvement has been accepted by the Municipality.

(b)

The City Engineer, shall accept infrastructure within the subdivision after its construction and the appropriate bonds have been provided, as prescribed by Chapter 909.

(Ord. 28-2004. Passed 6-15-04; Ord. 31-2007. Passed 8-21-07; Ord. 36-2008. Passed 10-21-08; Ord. O-20-2024. Passed 7-2-24.)

(a)

Streets shall be dedicated to public use by the subdivider. Streets shall be arranged in a simple connecting pattern. Residential streets shall be so designed so as to discourage their use by non-local traffic. Alleys should be used as driving aisles to provide access to parking areas and garages. Dead ends and cul-de-sacs should be limited in all districts. Easements for utilities must be provided along side or rear lot lines where possible. Street rights-of-way shall have the following minimum widths:

(1)

Major Arterial (includes federal, state and county roads which are main arteries of access to the Municipality): one hundred (100) feet; an additional width of forty-five (45) feet shall be provided to accommodate a service drive wherever lots are to face a primary road.

(2)

Minor Arterial (next in importance as avenues of access between sections of the Municipality as opposed to commercial traffic and non-local traffic): eighty (80) feet.

(3)

Collector (within new subdivision): sixty (60) feet.

(4)

Minor (completely residential in nature): fifty (50) feet.

(5)

Cul-de-sac Circles: minimum right-of-way radius of sixty (60) feet with curbs and gutters and seventy (70) feet without curbs and gutters and no cul-de-sac shall exceed six hundred (600) feet in length unless lot widths exceed one hundred (100) feet at building setback lines, then the maximum length shall not exceed one thousand (1,000) feet.

(6)

Alleys: twenty (20) feet.

(7)

Easements (as required): Where alleys are not required, utility easements of not less than five (5) feet in width shall be provided on each side of rear lot lines to provide access for the installation and maintenance of all utility lines, overhead or underground. Wider easements may be required along or across lots for main storm or sanitary sewers or other utilities, or where a combination of utility lines is indicated.

(b)

Narrower streets are encouraged where appropriate to promote a pedestrian friendly scale and as a tool for traffic-calming. Minimum pavement widths shall be as follows:

(1)

Major Arterial: variable as conditions may require.

(2)

Minor Arterial: thirty-six (36) feet from face to face of curbs.

(3)

Collector: thirty-two (32) feet from face to face of curbs or twenty-six (26) feet without curbs and no street parking permitted.

(4)

Minor: twenty-six (26) feet from face to face of curbs; twenty-four-foot pavement width if curbs and gutters are not provided.

(5)

Cul-de-sac Circles: minimum outside pavement radius of forty-eight (48) feet with a minimum twenty-four (24) feet of pavement width.

(6)

Alleys: eighteen (18) feet.

(7)

One-way Divided Streets: twenty (20) feet from face to face of curbs, with fifty-foot radius on "hammer-head" cul-de-sacs.

(8)

Sidewalks: Five-foot minimum or greater as determined by width of existing sidewalks, as approved by the Community Development Department. Sidewalks shall be concrete, constructed per the city standard.

(9)

Leisure Trails: Eight-foot minimum unless otherwise specified by the Planning Commission. Leisure trails shall be asphalt unless otherwise specified by the Planning Commission and shall be constructed per the city standard.

(c)

The maximum grades shall be:

(1)

Major Arterial: four percent (4%).

(2)

Minor Arterial: five percent (5%).

(3)

Collector, Minor and Alleys: six percent (6%).

The minimum grade for any street shall be one-half of one percent (.5%) at the gutter, unless otherwise approved by the Municipal Engineer. Street intersections shall be rounded by radii not less than twenty (20) feet at the curb line. Sidewalks shall be located as approved by the Municipal Engineer.

All street construction and specifications for materials shall be in conformity with standards required by the Municipality.

The plans must bear the approval of the Engineer and Mayor, and places shall be provided for such signatures, including that of the Finance Director.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07; Ord. O-02-2024. Passed 2-6-24.)

(a)

Plans and profiles of sanitary sewers shall be submitted to the Municipal Engineer for approval. All grades, pipe sizes, manholes and other appurtenances shall be shown and such installation and materials shall be in conformity with Municipal standards. In addition, review and approval by the City of Columbus is required.

(b)

Sewer plans must bear the approval of the Municipal Engineer, Mayor, and the City of Columbus. Places shall be provided for such signatures, including that of the Finance Director.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07; Ord. O-02-2024. Passed 2-6-24.)

(a)

Plans of proposed water distribution systems shall be submitted to the Municipal Engineer for approval. All plans must show pipe sizes, locations of valves, fire hydrants and other appurtenances. Such installation and materials shall be in conformity with Municipal standards. In addition, review and approval by the City of Columbus is required.

(b)

Water distribution systems must bear the approval of the Municipal Engineer, Mayor, and the City of Columbus. Places shall be provided for such signatures, including that of the Finance Director.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07; Ord. O-02-2024. Passed 2-6-24.)

(a)

Proposed storm sewers, including grades, materials, pipe sizes, manholes, inlets and appurtenances, may be shown on the street improvement plans. The plans must be submitted to the Municipal Engineer for approval. Installation and materials shall be in conformity with Municipal standards.

(b)

The subdivider or developer shall follow the recommendations of the Municipal Engineer with regard to the proper method and direction of draining storm water following review of the proposed plan of such drainage as submitted by the subdivider or his engineer.

(c)

The storm sewer plans, if not incorporated as a part of the street improvement plans, must bear the approval of the Municipal Engineer, and the Mayor. Places shall be provided for such signatures, including that of the Finance Director.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07; Ord. O-02-2024. Passed 2-6-24.)

The construction of all improvements shall be inspected and approved by the Municipal Engineer. Under no circumstances are such installation to be made without an inspector on the job. The Municipal Engineer shall be notified three (3) working days before any construction work is begun unless waived by the Engineer.

(Ord. 13-98. Passed 4-21-98; Ord. 31-2007. Passed 8-21-07.)

(a)

Every lot shall abut on a dedicated street. Double frontage lots shall be discouraged. At the intersection of two (2) streets, property line corners shall be rounded by an arc of a minimum of twenty (20) foot radius. Size, shape and orientation of residential lots shall be appropriate to the location of the proposed subdivision and for the type of development contemplated and in conformity with the Zoning Ordinances, with proper regard given yard areas, setback lines, etc. Excessive depth in relation to frontage shall be avoided. A proportion of two (2) to one depth to frontage shall be normal for lots having a width of sixty (60) feet or more, and depths in excess of three (3) times the lot width are not recommended. Side lines of lots shall be approximately at right angles or radial to the street line. Corner lots shall have extra width sufficient to permit maintenance of building lines of both front and sides of lot. The maximum length of blocks may not exceed one thousand eight hundred (1,800) feet; nor shall they be less than four hundred (400) feet in length. Where blocks are longer than nine hundred (900) feet, crosswalks or crosswalk easements not less than ten (10) feet in width may be required near the center of the block, and Council may require that a sidewalk be constructed in accordance with the Municipal standards for sidewalk construction. The width of a block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Where frontage on a primary street is involved, the long dimension of the block shall front thereon, in order to minimize access intersections.

Where sanitary sewer is not available, lots shall have a minimum frontage of one hundred fifty (150) feet and a minimum area of forty thousand (40,000) square feet. Where neither sanitary sewer or water service is available, lots shall have a minimum frontage of one hundred seventy-five (175) feet and a minimum area of fifty thousand (50,000) square feet.

(b)

Minimum Maximum Floor Elevations. The following requirements shall be adopted for the purpose of regulating the first floor elevations of new single family residential dwellings constructed within the Village.

(1)

The finished first floor elevation of a single family residential dwelling shall be no less than eighteen (18) inches above approved grade and no greater than twenty-eight (28) inches above approved grade.

(2)

The finished first floor elevation shall be measured at the threshold of the front entrance to the structure.

(3)

Finished grade shall be the elevation shown on the approved subdivision grading plan. The vertical datum shall be based on the curb grade at the property line as shown on the approved subdivision street plans.

(4)

The residential architectural plans submitted to the Village for approval shall indicate the top of footer elevation, the finished grade around the structure, the finished first floor elevation and the curb grade elevations at the property lines. The architect shall be solely responsible for establishing the first floor elevation which shall be shown on the building plans.

(5)

It shall be the sole responsibility of the builder and owner to ensure that the approved first floor elevation is obtained at the construction site as indicated on the architectural plans.

(6)

Prior to the basement wall construction, a registered surveyor shall submit the "surveyor's foundation certificate" which shall include the top of the footer elevation. See attachment to Ordinance 12-2000, for additional requirements.

(7)

Prior to the occupancy permit being issued, a registered surveyor shall submit the "surveyor's final grading certificate" which shall include the first floor elevation. The surveyor shall certify on the certificate that the lot grading is in conformance with the subdivision grading plan. See attachment to Ordinance 12-2000 for additional requirements.

(8)

This section is intended to regulate first floor elevation in subdivisions platted after 1990 for lots having a frontage of one hundred (100) feet or less with or without basements.

(9)

The maximum driveway grade shall be eight percent (8%) from the sidewalk to the garage floor.

(Ord. 77-91. Passed 10-15-91; Ord. 12-2000. Passed 10-3-00; Ord. 31-2007. Passed 8-21-07.)

(a)

General. The Planning Commission shall not approve any subdivision having inadequate storm drainage or other physical drainage impairment, as determined by the Municipal Engineer. In areas known to be subject to periodic floods, such drainage improvements must be made as to satisfy the aforementioned public officers in order that the safety, health and welfare of the people will be protected. Storm water management principles as contained in the most current Municipal ordinance for the management and control of stormwater run off, shall be followed.

(b)

Protection of Drainage Courses. No natural drainage course shall be altered and no fill, buildings or structures shall be placed in it unless provisions are made for the flow of water in a manner satisfactory to the Municipal Engineer. An easement shall be provided on both sides of any existing important surface drainage course adequate for the purpose of protecting, widening, deepening, enclosing or otherwise improving such stream for drainage purposes.

(c)

Lot Drainage. A master grading plan shall be prepared for all subdivisions and shall be presented for review and approval by the Municipal Engineer. The grading plan shall show the existing topography, the proposed street grades and the proposed storm sewers with pipe sizes and proposed finish grades at the house, and shall delineate the method of rear and side yard drainage by showing proposed swales and direction of surface slope by arrows. The grading plan shall follow the standards as established for such grading by the Federal Housing Administration, except three percent (3%) grade in swales is acceptable.

Wherever possible, with exceptions being made where the topography of an area does not permit such grading practice, lots shall be graded from the rear lot line to the street. Where a lot abuts directly on two (2) streets, the grade shall be from the corner of the lot which is diagonally opposed to the corner of the two (2) streets on which the lot abuts. This regulation is included in a desire to reduce the amount of water standing in yards to a minimum.

Therefore, where it is not possible to grade a lot in the prescribed manner, the owner or developer shall provide for the adequate drainage of any and all low areas, and tie such drainage into and make it a part of the storm sewer system of the development and the Municipality, as directed by the Municipal Engineer with approval of such drainage subject to inspection by the Engineer, along with the inspection of other storm sewer installations.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07.)

Editor's note— Ord. No. O-23-2022, § 1(Exh. A), passed July 19, 2022, repealed § 1187.15, which pertained to subdivision standards, parkland dedication and derived from Ord. 77-91, passed Oct. 15, 1991; Ord. 31-2007, passed Aug. 21, 2007; and Ord. 42-2007, passed Dec. 18, 2008.

Editor's note— Ord. No. O-23-2022, § 1(Exh. A), passed July 19, 2022, repealed § 1187.16, which pertained to subdivision standards, open space and derived from Ord. 31-2007, passed Aug. 21, 2007; and Ord. 42-2007, passed Dec. 18, 2008.

Features of any proposed subdivision not specifically set out or provided for herein, shall be at least equal to the generally accepted good practice existing at the time such subdivision is proposed. Conformity to the applicable standards of the Franklin County Subdivision Regulations, not in conflict herewith, promulgated by the Mid-Ohio Regional Planning Commission, of which this Municipality is a contributing member, shall be deemed satisfactory compliance with this section.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07.)

(a)

Council Approval Required. Council shall have the authority to approve applications for a fee in-lieu of sidewalk and/or trail construction.

(b)

Criteria for Approval. A fee payment in-lieu of sidewalk or trail may be permissible when a sidewalk or trail is found by Council to be not appropriate due to one of the following conditions:

(1)

Sidewalk and/or trail construction is impracticable due to topographical conditions or site constraints;

(2)

Sidewalks and/or trails do not exist in the area, there is not a likelihood for sidewalks and/or trails to be constructed in the near future, and that a fee in-lieu would better serve the community than a sidewalk or trail installed in the required location.

(c)

Calculation of Fees In-Lieu of Sidewalk or Trail Installation. The in-lieu fees shall be based upon the current cost of constructing sidewalks and/or trails in their required locations. The applicant shall provide a construction cost estimate, paid for by the applicant, to the Community Development Department a minimum of fifteen (15) working days prior to the council meeting at which the applicant desires his application to be heard. The submitted estimate shall be reviewed by the Village Engineer. The estimate shall be evaluated based on three (3) current quotes/estimates for construction materials and other information as needed. The estimate information shall then be reviewed and approved by Council.

(d)

Effective Period. The payment of in-lieu fees required by this section shall be conveyed to the Village of New Albany following approval by Council of the fee in-lieu and within sixty (60) days of receiving notice of such approval by Council.

(e)

Permits Issued. Permits for construction or improvements will not be issued by the Municipality for the subject development until payment of fees in-lieu sidewalk and/or dedications are conveyed to and accepted by the Village.

(Ord. 31-2007. Passed 8-21-07.)

(a)

All construction drawings shall be on a horizontal scale of one inch to fifty (50) feet, and a vertical scale of one inch to five (5) feet. The sheet size shall be twenty-two (22) inches by thirty-six (36) inches. Sheet material shall be mylar with a minimum thickness of 0.03 mils.

(b)

Upon approval and acceptance of all improvements, the original construction drawings for the improvements shall be revised to reflect the actual construction. All drawings, including the master grade plan or reproductions thereof on mylar, shall become the property of the Municipality and shall be on file in the office of the Municipal Engineer.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07.)

In cases where it is deemed that hardships, topography or other factual deterrent conditions prevail, variations and exceptions from the dimensional standards and improvement requirements, as set forth in these regulations, may be requested of the Planning Commission, but must be approved by Council.

(Ord. 77-91. Passed 10-15-91; Ord. 31-2007. Passed 8-21-07.)

Council shall have the authority to establish a schedule of fees for the filing, review and processing of applications. Council may periodically review the fee structure and make adjustments as deemed appropriate. Fees are non-refundable and shall be paid in full at the time of filing. Fees shall be set by separate ordinance.

(Ord. 31-2007. Passed 8-21-07.)

(a)

Not withstanding anything to the contrary, approval without a plat of a minor commercial subdivision may be granted by the Community Development Director or designee if the proposed minor subdivision of a parcel of land meets all of the following conditions:

(1)

A final development plan according to Chapter 1159 or an equivalent plan has been approved by a city board or commission;

(2)

The proposed subdivision is located along an existing public road, has frontage along a public street and involves no opening, widening or extension of any street;

(3)

No more than five (5) lots are created after the original parcel has been completely subdivided;

(4)

The proposed subdivision is not contrary to other subdivision, zoning, and other applicable regulations; and

(5)

The property has been surveyed and a survey drawing, legal description of the property and other information as may be pertinent or required for appropriate action are submitted with the application.

(b)

If approval is given under these provisions, the Community Development Director or designee shall, within ten (10) working days after submission, approve such proposed minor subdivision and, upon presentation of a conveyance for said parcel, shall stamp "Approved by New Albany; No Plat Required," and the authorized representative of the Commission shall sign the conveyance.

(Ord. 08-2007. Passed 2-20-07; Ord. 31-2007. Passed 8-21-07; Ord. O-20-2024. Passed 7-2-24.)

(a)

Not withstanding anything to the contrary, approval without a plat of a minor residential subdivision may be granted by the Community Development Director or designee if the proposed minor subdivision of a parcel of land meets all of the following conditions:

(1)

The proposed subdivision is located along an existing public road, has frontage along a public street and does not involve the creation or extension of a public street;

(2)

No more than five (5) lots are created after the original parcel has been completely subdivided;

(3)

The proposed subdivision is not contrary to other subdivision, zoning, and other applicable regulations; and

(4)

The property has been surveyed and a survey drawing, legal description of the property and other information as may be pertinent or required for appropriate action are submitted with the application.

(b)

If approval is given under these provisions, the Community Development Director or designee shall, within ten (10) working days after submission, approve such proposed minor subdivision and, upon presentation of a conveyance for said parcel, shall stamp "Approved by New Albany; No Plat Required," and the authorized representative of the Commission shall sign the conveyance.

(Ord. O-20-2024.Passed 7-2-24.)

Editor's note— Ord. O-20-2024, passed July 2, 2024, set out provisions intended for use as § 1187.23. Inasmuch as there were already provisions so designated, said section has been codified herein as § 1187.22.5 at the discretion of the editor.

All references herein to officers or departments existing under Village government shall also refer to those officials or departments succeeding to the same or similar function upon advancement to city status.

(Ord. 77-91. Passed 10-15-91; Ord. 08-2007. Passed 2-20-07; Ord. 31-2007. Passed 8-21-07.)